Holiday Pay Short Hours Contract Working More Hours Regularly

michaels

My DD has a 4 hours a week contract but the employer basically offers more hours as and when, typically between 10 and 20 hours a week, all paid at the same rate.

How does holiday entitlement work in this case - is it only from her contracted hours or do the extra hours also give an entitlement?  Seems like if it is the former then the employer is being quite clever by giving all the workers much shorter hours contracts than they are actually working and thus saving a fortune on holiday pay.

Thanks

DE_612183

How long has she worked there and when does the holiday year run?

I think in this situation it's based on the previous 52 weeks.

So for example, if she has worked Since 1st of Jan 2024, and the holiday year starts 1st of Jan, if she has worked the equivalent of half a full-timer - she will get half of whatever the basic is ( normally 28 days including bank holidays ).

But of course the employer could try something in the contract - what does that say?

Penguin_

We have staff who work different hours sometimes to what is on their contracts & who are paid hourly.

With this in mind, staff accrue 0.1207 hours of holiday for every hour they work.

So if they work 100 hours they accrue 12.07 hours which is rounded up to 12.25 hours.

FlorayG

Holiday pay is now based on the hours you work, not the hours you are contracted for - this changed because previously employers were often doing exactly what you suspect and then employees couldn't afford to take holiday if they were only going to be paid their contracted hours

michaels

Thanks all

EnPointe

michaels said:

My DD has a 4 hours a week contract but the employer basically offers more hours as and when, typically between 10 and 20 hours a week, all paid at the same rate.

How does holiday entitlement work in this case - is it only from her contracted hours or do the extra hours also give an entitlement?  Seems like if it is the former then the employer is being quite clever by giving all the workers much shorter hours contracts than they are actually working and thus saving a fortune on holiday pay.

Thanks

this will depend on  on  exact way in which holiday pay is worked out  by the employer, this should be documented in the annual leave policy 

at the very least  they will get the contracted hours  of pay.  but as others have said for  part timers and casuals  entitlement is based on actual/ average hours worked